Permits certain managers and deputy attorneys general
of the State to negotiate collectively under the “New Jersey Employer-Employee
Relations Act;” changes definition of managerial executives and removes
confidential status of deputy attorneys general and certain State
investigators.

Be It Enactedby the Senate and General Assembly of
the State of New Jersey:

1. Section 3 of P.L.1941,
c.100 (C.34:13A-3) is amended to read as follows:

3. When used in this act:

(a) The term
"board" shall mean New Jersey State Board of Mediation.

(b) The term
"commission" shall mean New Jersey Public Employment Relations
Commission.

(c) The term
"employer" includes an employer and any person acting, directly or
indirectly, on behalf of or in the interest of an employer with the employer's
knowledge or ratification, but a labor organization, or any officer or agent
thereof, shall be considered an employer only with respect to individuals
employed by such organization. This term shall include "public
employers" and shall mean the State of New Jersey, or the several
counties and municipalities thereof, or any other political subdivision of the
State, or a school district, or any special district, or any authority,
commission, or board, or any branch or agency of the public service.

(d) The term
"employee" shall include any employee, and shall not be limited to
the employees of a particular employer unless this act explicitly states
otherwise, and shall include any individual whose work has ceased as a
consequence of or in connection with any current labor dispute or because of
any unfair labor practice and who has not obtained any other regular and
substantially equivalent employment. This term, however, shall not include
any individual taking the place of any employee whose work has ceased as
aforesaid, nor shall it include any individual employed by his parent or
spouse, or in the domestic service of any person in the home of the employer,
or employed by any company owning or operating a railroad or railway express
subject to the provisions of the Railway Labor Act (45 U.S.C. s.151 et
seq.). This term shall include any public employee, i.e., any person
holding a position, by appointment or contract, or employment in the service
of a public employer, except elected officials, members of boards and
commissions, managerial executives and confidential employees.

(e) The term
"representative" is not limited to individuals but shall include
labor organizations, and individual representatives need not themselves be
employed by, and the labor organization serving as a representative need not be
limited in membership to the employees of, the employer whose employees are
represented. This term shall include any organization, agency or person
authorized or designated by a public employer, public employee, group of public
employees, or public employee association to act on its behalf and represent it
or them.

(f) "Managerial executives"
of a public employer, in the case of the State of New Jersey, means
persons who formulate management policies and practices, [and]but shall not
mean persons who are charged with the responsibility of directing the effectuation
of such management policies and practices,
except that, in the case of the Executive Branch of the State of New Jersey, “managerial executive”
shall include only personnel at or above the level of assistant commissioner.

In the case of any public
employer other than the State of New Jersey, "managerial executives"
of a public employer means persons who formulate management policies and
practices, and persons who are charged with the responsibility of directing
the effectuation of such management policies and practices,
except that in any school district this term shall include only the
superintendent or other chief administrator, and the assistant superintendent
of the district.

(g) "Confidential
employees" of a public employer means employees whose functional
responsibilities or knowledge in connection with the issues involved in the
collective negotiations process would make their membership in any appropriate
negotiating unit incompatible with their official duties.

"Confidential
employees" of the State of New Jersey means employees who have direct
involvement in representing the State in the collective negotiations process making
their membership in any appropriate negotiating unit incompatible with their
official duties.

(cf: P.L.1974 c.123, s.2)

2. Section 1 of P.L.2005,
c.142 (C.34:13A-5.10) is amended to read as follows:

1. a. The Legislature
finds and declares that, for more than three decades, there have been
broad-based collective negotiations units for the employees in the Executive
Branch of State government. This existing unit structure has contributed to
the stability of labor relations between the public employees and the Executive
Branch and has served to avoid disruption of services to the public. To foster
continued harmonious labor relations between State employees and the Executive
Branch, the existing structure for collective negotiations units must be codified.

In addition, the
Legislature finds and declares that the structure should be expanded to permit
collective negotiations for managers and deputy attorneys general who are not
covered by the ten units for civilian employees of the Executive Branch.

b. (1) There shall be only
[ten]twelve collective
negotiations units for civilian employees of the Executive Branch of State
government. The units shall be as follows: administrative and clerical;
professional; primary level supervisory; high level supervisory; operations,
maintenance and services; crafts; inspection and security; health care and
rehabilitation services; State colleges and universities; [and] State colleges and
universities adjuncts ;deputy attorneys general; and State government
managers.

(2) An existing or newly
established title that is not assigned managerial, executive or confidential
duties, as defined in subsections (f) and (g) of section 3 of P.L.1941, c.100
(C.34:13A-3), may be placed in one of the [ten]twelve collective
negotiations units for civilian employees by the Governor's Office of Employee
Relations. Such placements may be challenged through a unit clarification
procedure pursuant to the rules of the New Jersey Public Employment Relations
Commission.

(cf: P.L.2005, c.142, s.1)

3. Section 7 of P.L.1944,
c.20 (C.52:17A-7) is amended to read as follows:

7. [Deputy Attorneys-General
and ] Assistant
Attorneys-General in the Department of Law and Public Safety shall hold their
offices at the pleasure of the Attorney-General and shall receive such salaries
as the Attorney-General shall from time to time designate. They shall be
deemed confidential employees for purposes of the "New Jersey
Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

(cf: P. L.1994, c.161, s.1)

14. Section 4 of
P.L.1970, c.74 (C.52:17B-100) is amended to read as follows:

4. a. The Attorney General
shall organize the work of the division in such bureaus and other
organizational units as he may determine to be necessary for efficient and
effective operation and shall assign to the division such employees in the
Department of Law and Public Safety as may be necessary to assist the director
in the performance of his duties.

b. All employees of the
division, except for secretarial and clerical personnel, shall be in the
unclassified service of the civil service of the State. All unclassified
employees of the division , except for State investigators appointed
pursuant to section 1 of P.L.1977, c.275 (C.52:17B-100.1), shall be deemed
confidential employees for the purposes of the "New Jersey
Employer-Employee Relations Act", P.L.1941, c.100 (C.34:13A-1 et seq.).1